TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 43

CONFIDENTIAL

Hong Kong legislation dealing with the deportation of British

subjects 7 years is the qualifying period of residence to

exempt a British subject from deportation; and partly on

"the different nature of the immigration problem" in Hong Kong.

On the grounds of uniformity between United Kingdom practice

and Hong Kong practice Migration and Visa Department would

prefer to see 5 years as the period. They are however,

prepared to accept 7 years having regard in particular to the

proposal in paragraph 5 of Hong Kong telegram No 648 that the

exemption from deportation and conditions of stay (which is

provided under clause 19 for citizens of the United Kingdom

and Colonies with the necessary residential qualification)

should likewise be provided for aliens possessing the same

residential qualifications. This exemption (in the case of

aliens) would not apply in cases involving conditions of

public security or political considerations affecting relations

with other countries.

5. The Governor has reported that there has been a certain

amount of local pressure to accord this degree of protection to

alien Chinese and since more than 98% of the population of

Hong Kong is Chinese ethnically, the protection would in

practice be virtually confined to alien Chinese. It is in

any event impossible to deport alien Chinese to China since the

CPG will not accept deportees from Hong Kong;

moreover, many

of these people have no other home but Hong Kong and in these

circumstances it seems reasonable and harmless to allow them

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CONFIDENTIAL

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